MORRISSEY FAMILY PLUMBING
Contractors are required by law to be licensed and regulated by the Contractors’ State License Board which has jurisdiction to investigate complaints against contractors if a complaint regarding a patent act or omission is filed within four years of the date of the alleged violation. A complaint regarding a latent act or omission pertaining to structural defects must be filed within 10 years of the date of the alleged violation. Any questions concerning a contractor may be referred to the Registrar, Contractors’ State License Board, P.O. Box 26000, Sacramento, California 95826
NOTICE TO OWNER
Under the California Mechanics’ Lien Law, any contractor, subcontractor, laborer, supplier, or other person or entity who helps to improve your property, but is not paid for his or her work supplies, has a right to place a lien on your home, land, or property where the work was performed and to sue you in court to obtain payment. This means that after a court hearing, your home, land, and property could be sold by a court officer and the proceeds of the sale used to satisfy what you owe. This can happen even if you have paid your contractor in full if the contractor’s subcontractors, laborers, or suppliers remain unpaid. To preserve their rights to file a claim or lien against your property, certain claimants such as subcontractors or material suppliers are each required to provide you with a document called a “Preliminary Notice.” Contractors and laborers who contract with owners directly do not have to provide such notice since you are aware of their existence as an owner. A preliminary notice is not a lien against your property. Its purpose is to notify you of persons or entities that may have a right to file a lien against your property if they are not paid. In order to perfect their lien rights, a contractor, subcontractor, supplier, or laborer must file a mechanics’ lien with the county recorder which then becomes a recorded lien against your property. Generally, the maximum time allowed for filing a mechanics’ lien against your property is 90 days after substantial completion of your project.
TERMS AND CONDITIONS
RESPONSIBILITIES OF CUSTOMER:
As used in this Agreement, “Customer” or “You” shall mean the party who agrees to pay for the work described on the front side of this Agreement. Customer represents that, except as described in the request for service, all plumbing and drain systems are in good repair and condition and agrees to hold MORRISSEY FAMILY PLUMBING harmless for the discovery of defective conditions including but not limited to 1) improper or faulty plumbing; 2) Rusted or defective pipes; 3) Acids in the drain system; 4) Lines that are settled or broken; 5) Existing illegal conditions; and 6) Defective roofing.
RESPONSIBILITIES OF COMPANY:
As used in this Agreement, “Company”, “We” or “Us” shall mean MORRISSEY FAMILY PLUMBING. Company shall do all work in a competent, efficient manner. Company is not responsible for any existing illegal conditions.
Company warrants its work to be free from defects in material and workmanship for the warranty period of ninety (90) days from the completion unless otherwise stated in writing. All warranties are void if payment is not made when due. Warranties extend only to the customer and are not transferable. If a defect in materials or workmanship covered by this warranty occurs, Company will, with reasonable promptness during normal working hours, remedy the defect. In no event shall Company be liable for water or other damage caused by any delay in remedying a defect. To obtain warranty performance, notify the Company of any defect or claims for breach at the address and telephone number on the face of this Agreement.
EXCLUSIONS AND LIMITATIONS:
CUSTOMER’S RIGHT TO REPAIR AND REPLACEMENTS ARE THE EXCLUSIVE REMEDIES AND COMPANY SHALL NOT BE LIABLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM THE MATERIALS PROVIDED FOR IN THIS CONTRACT.
Company is not responsible for the following which are excluded from coverage of this limited warranty:
1a) Defective conditions listed under the above heading “Responsibilities of Customer”, 2a) Work performed or materials installed by others apart from this contract and 3a) Defects and failures from mistreatment or neglect.
THIS LIMITED WARRANTY IS THE ONLY EXPRESS WARRANTY COMPANY GIVES. IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE LIMITED TO A DURATION OF NINETY (90) DAYS FROM THE DATE OF COMPLETION.
1. BID. A bid is an offer to perform services and provide materials as defined in the scope of work for a specified price or based on a formula such as a time and materials basis. If the price is not specified as a particular fixed amount, then the price will be computed on a time and materials basis (as described below). Extra work which you may request, or which may be required by public authorities, will be invoiced in accordance with written change orders or, if no change order is prepared, then on a time and materials basis.
2. ESTIMATE. An estimate provides our estimation of the cost of a project. It is not a fixed price. Estimates are given when the nature or scope of work may be uncertain, due to concealed conditions, difficulty in assessing problems to be encountered or resolved, or difficulty in determining the means or methods of best accomplishing the work. If we commence work based upon an estimate, and the scope of the project or the value of the time and materials as set forth below substantially exceed the estimate, then you shall pay the higher price as computed on a time and materials basis. If it appears that the price of the project is likely to substantially exceed the amount of the estimate, we will make reasonable efforts to notify you when commercially practical to do so. We may propose a change order, a revised estimate, or a bid. Regardless of whether our contract is based upon a bid or an estimate, if you request that we cease work at any time, you shall nonetheless remain obligated to pay for all labor and materials supplied by us. If you request that we cease work then the price will be fixed as an amount as specified in the contract, or an amount based upon a time and materials basis, whichever is higher.
3. CONTRACT. No agreement, whether it is designated as a bid, an estimate, a proposal, or otherwise, shall become a contract binding upon us until it is both signed by you and accepted in writing by an employee of MORRISSEY FAMILY PLUMBING who has the authority of a general manager.
4. CHANGE ORDERS OR EXTRA WORK. We are obligated only to perform the specified scope of work. You may request changes or modifications in the scope of the work. These requests may be agreed upon orally or in writing. If agreed upon in writing, the terms of the written change order shall be binding on the parties. However, unless otherwise agreed in writing, all extra labor and materials shall be billed on a time and materials basis.
5. EXTRA WORK REQUIRED BY A PUBLIC AUTHORITY. In the event that the applicable public authority or other government agency subsequently requires modifications or additional labor or materials which were not included in the applicable bid or estimate, then the contract price shall be adjusted shall be billed on a time and materials basis. We are not responsible for any special inspections, analysis or reports which are not ordinarily provided by a building inspector.
6. CONTRACT PRICE. If the parties have agreed upon a fixed price reflected in a bid signed by both parties, then the price for labor and materials shall be as reflected in that written agreement. Time and Material charges will not be broken out in contract pricing.
7. PROTECTION OF
Customer agrees to remove or protect any personal property, inside and out, including but not limited to, carpets, rugs, shrubs, and planting, and company shall not be responsible for said items. Nor shall company be held responsible for the natural consequences of company’s work, which may cause damage to improvements to real property including but not limited to, curbs, sidewalks, walks, driveways, garages, patios, lawns, shrubs, sprinkler systems, wallpaper, drywall, stucco, tile cabinets or other appurtenances to the residence or other real property.
Company shall not be held responsible for damage to personal property, real property, or any improvements to real property caused by person delivering materials and Company shall not be held responsible for keeping gates and doors closed for children and animals.
8. PAYMENT. The price of the contracts shall be paid promptly. We are not obligated to commence work until the agreement is fully signed. We may cease work immediately if payment is not made as agreed. Progress payments may be required by separate agreement. Any unpaid balance shall be due upon completion.
9. SCHEDULING. You are responsible for keeping a mutually-agreed upon schedule for the work. If you fail to meet that schedule, by failure to be present at the site, or by failing for the work to commence (including failure to timely make a payment), then you will pay for the reasonable expense of any of our employees’ nonproductive trip(s).
10. RESPONSIBILITY FOR PREMISES. At the completion of the project, we will remove all waste materials and rubbish from the site, together with its tools, construction equipment, machinery and surplus materials. You warrant that: all site conditions are known and disclosed; any plans supplied by you are adequate for intended purposes; and the provided address and legal description are correct and adequate for all purposes, including mechanic’s liens; you shall carry hazard insurance or bear the loss occasioned by hazard; and you shall not post any notice of nonliability. You shall determine and warrant to us the location of all property lines, underground restrictions or underground utilities, easements or rights of way, pipes, power lines, septic tanks, utility lines or drain fields, and shall indemnify us and hold us harmless from any loss or liability, including attorney fees and costs, resulting from any suits, claims, disputes, losses or problems related to the above. You shall assume complete responsibility for the protection of all landscaping, trees, shrubs, and bedding plants which you wish to preserve, as they may become damaged during the progress of construction. We are not responsible for any drywall, fixtures, structural, or other damage that may occur or be necessary in order to complete the scope of work or any other damage that may occur as a result of the original plumbing, sewer or HVAC system, or other problems related to the premises. We shall not be obligated to correct or repair pre-existing structural deficiencies or problems resulting from such conditions, or the work of others.
11. DEFAULT AND REMEDIES. Payment is due as required by your contract, and not later than the date of service or completion. In the event of a default in payment, we may in addition to ceasing work, recover all of the contract price which may then be due, together with any lost profit remaining in the contract. Reasonable attorney fees and costs of collection shall be added to the balance due and shall be included in any award or judgment for non-payment.
12. CONFIDENTIALITY. All aspects of any dispute including facts or opinions related to the dispute, and communications related to it, shall be strictly confidential. No party shall disparage the other or publish or circulate or disseminate, verbally or in writing, any negative information about the other, in any public media, social media, emails, news reporting, or other forums whatsoever. No other report shall be made to any person or company. Disclosure of confidential information may be made as reasonably necessary to (a) to attorneys, tax and financial advisors, or (b) to others if so required by lawful subpoena or court order. The effect of circulating disparaging information being difficult to estimate in advance, the parties reasonably estimate in advance that breach of confidentiality involving disparagement of our business will cause damages and awards may be issued.
13. SAFETY. You must exercise special care for the safety of yourself and others. You shall not allow anyone to go into or remain in any work area while any dangerous condition such as an open hole or exposed electrical components are present; or disregard safety barriers, rules or warnings, or allow any other person to do so. You waive, and release us from, any liability for injury or property loss caused by which you might avoid by exercise of reasonable care, and shall indemnify us and hold us harmless from any loss or liability, including attorney fees and costs, resulting from any suits, claims, disputes, losses or problems related to the above.
14. COMPLETE AGREEMENT. This Agreement constitutes the final, complete and exclusive statement of the terms of the agreement between Customer and Company pertaining to the description of work on the front side of this Agreement and supersedes all prior or contemporaneous understandings or agreements of the parties. No party has been induced to enter this Agreement by, nor is any party relying on, any representation or warranty outside those expressly set forth in this Agreement. This Agreement binds jointly and severally all signing Customers, their heirs, representatives, successors and assigns. This Agreement may not be supplemented, amended, or modified except by the mutual agreement of the parties. No supplement, amendment, or modification of this Agreement shall be binding unless it is in writing and signed by both parties.
15. LEGAL ADVICE. We have not given and will not give you legal advice of any kind, and we recommend you obtain the advice of an attorney concerning your legal rights. Please do not sign this contract unless you have read and understood all of it.
TO OUR CUSTOMERS:
Our Technicians are required to have this contract signed. This is done in order to protect you, the workmen and ourselves, and to enable us to give you absolute satisfactory service. You are respectfully requested to completely examine this contract before workmen leave the job, and if you find everything satisfactory, approve this contract. If the services rendered are unsatisfactory, in any way, please phone our office immediately. If you find the services charged on this contract to be satisfactory and agree to pay for the same on presentation of this contract, and further agree to pay reasonable charges for collection, including attorney’s fees in the event of a default. A delinquent penalty will be charged if this account is past due.
Failure by the contractor to commence work within 20 days from the approximate date specified in the contract when work will begin is a violation of the Contractor’s State License Law.
Upon satisfactory payment being made for any portion of the work performed, the contractor shall, prior to any further payment being made, furnish to the person contracting for the home improvement, an unconditional release from any claim or mechanic’s lien pursuant to Civil Code Section 3114 for that portion of the work for which payment has been made.
ACCEPTANCE OF WORK PERFORMED:
I find the service rendered and material installed in connection with the above work mentioned to have been completed in a satisfactory manner. I agree that the amount set forth on this contract in the space labeled “Total” to be the total and complete rate.